Madras High CourtCRL OP/5037/2021dismissed

Ramamoorthy@Ramu v. The State Rep.By

2021-04-07Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventh day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.5037 of 2021 RAMAMOORTHY @ RAMU [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, AWPS POLICE STATION, GINGEE, VILLUPURAM DISTRICT.

CR.NO.14 OF 2020.

For Petitioner : M/S. P.K.GANESH Advocate For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.11.2020 for the alleged offences punishable under Sections 366,342 and 506(i) of I.P.C r/w Sections 5(m) and 6 of Protection of Children from Sexual Offences Act 2012, in Crime No.14 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner kidnapped the victim girl and committed penetrative sexual assault on her. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor appearing for the state vehemently opposed for grant of bail to the petitioner by stating that the petitioner kidnapped the victim girl and committed penetrative sexual assault on her. She further submits that statements under Section 164 of Cr.P.C has been recorded from the victim girl.

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5. I have heard the rival submissions and perused the statements recorded from the victim girl under Section 164 of Cr.P.C. 6.Considering the facts of the case and the gravity of offence committed by the petitioner, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 07/04/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE 2 THE INSPECTOR OF POLICE, AWPS POLICE STATION,GINGEE, VILLUPURAM DISTRICT.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.K.GANESH Advocate on payment of necessary charges CRL OP.5037/2021 Date :07/04/2021 RVR 23/04/2021 https://hcservices.ecourts.gov.in/hcservices/